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On the judicial trust in the age of artificial intelligence and the way to realize it

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2020, (31), pp.55-74
  • DOI : 10.31839/ibt.2020.10.31.55
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : September 25, 2020
  • Accepted : October 19, 2020
  • Published : October 31, 2020

ZHAO YANG 1,  WANG FENGYE 1

1

Accredited

ABSTRACT

with the rapid development of artificial intelligence, a series of profound changes have taken place in the traditional judicial field, such as judges’ judgment and decision-making modes, litigation process and trial modes, judicial personnel's setting and composition structure. In the era of artificial intelligence, judicial decision may become the result of the common decision of human beings and computer systems, and the basis of the application of judgment is the general experience of judges. The traditional litigation process and regional trial modes are turning to a new Internet trial era marked by electronization and digitalization. In the era of artificial intelligence, the changes in the judicial field are fundamentally conducive to improving the judicial efficiency, and the public's trust in judicial judgment has also increased, but the essence of judicial trust has not changed fundamentally, which is still the trust to human beings and judges, not the trust to technology and machines. The first reason is that technology can not achieve the perception of justice; secondly, technology can not reflect the social value orientation; finally, technology can not predict future changes. In addition, the technology itself has potential risks and inherent defects. Therefore, it is different from the path of realizing judicial trust relying solely on system construction, the realization of judicial trust in the era of artificial intelligence should follow the path of complementary construction of technology and system. Technology and system should be promoted in integrating. The core feature of the path of technology and system matching is establishing a new Internet trial mechanism that conforms to the laws of Internet technology development and judicial laws. By establishing the access rules and application rules of artificial intelligence in the trial field, and promoting the construction of intelligent justice actively, we can realize the modernization of the judicial system and judicial capacity, and then enhance the public's trust in judges and their judicial capacity. The key problem should be solved is how to avoid and prevent the various risks attached to the application of technology in justice through the top-level design of the system. In a word, the development of technology has changed the face of human justice, but the trust of human nature has not changed. Human beings believe that artificial intelligence will be domesticated as an effective tool to improve social equity and justice if they make good use of their own wisdom and rationality.

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